Model code of conduct withdrawn in TN as HC refuses to stay order quashing civic polls

Soon after the Madras high court on Thursday refused to stay an order issued by it on Tuesday, quashing the civic elections slated to be held in Tamil Nadu later this month, the state election commission announced withdrawing the model of conduct.

When an appeal filed by the state election commission came up for hearing Thursday afternoon, the court refused any relief to the SEC and posted the case to October 18 for further hearing.

The Division Bench Justices Huluvadi G. Ramesh and R. Parthiban, hearing the appeal moved by the State Election Commission (SEC) assailing an order setting aside the local body election notifications, said that the chain of election process has been already broken and that the SEC has also kept the process in abeyance and hence there is no other option except to issue fresh notifications.

Earlier, when the DMK’s plea to use EVMs in the polls came up for hearing in the Supreme Court, it was also adjourned to the same date.

It may be recalled that Mr Justice N Kirubakaran, had on October four, passing orders on a batch of petitions including those filed by DMK, set aside the pollc notification on several grounds, including citing some irregularities, and directed the state election commission to issue a fresh notification and complete the poll process by December this year.

Assailing the order, the SEC moved an appeal contending that the election process has gone to scrutiny of nomination and once the election process has commenced, under Article 243 (O) of the Constitution, there can be no judicial order on any of the process.